Everything HR needs to know about employees going on strike

“The requirements of a valid ballot are complicated and will change with the Trade Unions Act 2016 and the revised draft Code but these are not yet in force. If there is a ‘trade dispute’ the union must give seven days’ notice to the employer and then ballot (through a secret postal vote) all those members who it ‘is reasonable at the time of the ballot for them to believe will be induced by the union to take part, or continue to take part, in the strike’. If they ballot those they know are leaving or forget to include others who are entitled to vote this will invalidate the ballot.

“Generally, ballots are workplace specific (there are some exceptions) and it must be members directly involved. Under current legislation, if the majority of those responding vote for strike action, then the vote is passed, irrespective of how many people vote. So, if the union ballots 1,000 members and 50 vote and 30 say strike, it goes ahead. The result of a ballot must be made public and also advised to the employer, including the total number of votes cast, the numbers of yes and no votes and the number of spoiled voting papers.

“If the strict legal requirements are followed then both union and non-union employees can strike and be protected from dismissal. However, they are not entitled to be paid for days when they do not work and it’s also currently against the law for an employer to recruit in agency staff to cover for strikes. If employees take part in unofficial strike action then they will not have this protection.”